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Apply for AOS when I-193 was executed on POE?

#1 SwedeInCali

SwedeInCali

    Junior Member

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Posted 08 April 2011 - 09:09 PM

I unintentionally entried the US with an expired F-1 visa while on OPT. I went through the admissability review and was let back into the country, lucklily without a fee, and my I-94 still says F-1 until D/S. My OPT is valid until 09/06/2011. I have asked about this before and got the answer it should be fine to file for AOS.

I am now about to file the whole AOS package (got married on Feb 25th to my amazing husband (L) ) and I looked on the back of the I-94 for the first time. It says an I-193 was executed and what appears to be a file number. It also says "OPT". I am freaking out right now, because I can't find any information about it. Does anyone know if this might be a problem for my AOS?

My second question is regarding I-864. My husband is currently unemployed and receives uneployment benefits. He's an engineer and we are sure he will have a job by the time of the interview, but not for the time of filing for AOS. We have lived together for more than 6 months and I am currently earning more than enough over the poverty line. Should we just leave out the unemployment benefits and just include my income and his other assets and savings?

THANK YOU :help:
  • 0

#2 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 08 April 2011 - 09:38 PM

I unintentionally entried the US with an expired F-1 visa while on OPT. I went through the admissability review and was let back into the country, lucklily without a fee, and my I-94 still says F-1 until D/S. My OPT is valid until 09/06/2011. I have asked about this before and got the answer it should be fine to file for AOS.

I am now about to file the whole AOS package (got married on Feb 25th to my amazing husband (L) ) and I looked on the back of the I-94 for the first time. It says an I-193 was executed and what appears to be a file number. It also says "OPT". I am freaking out right now, because I can't find any information about it. Does anyone know if this might be a problem for my AOS?


Not a problem. The I-193 notation means you were admitted at the discretion of the CBP officer, in spite of not having a current visa. It would only be a problem if you were admitted or paroled under a category that doesn't allow adjustment of status.

My second question is regarding I-864. My husband is currently unemployed and receives uneployment benefits. He's an engineer and we are sure he will have a job by the time of the interview, but not for the time of filing for AOS. We have lived together for more than 6 months and I am currently earning more than enough over the poverty line. Should we just leave out the unemployment benefits and just include my income and his other assets and savings?

THANK YOU :help:


It's up to you. If your income alone is enough to qualify then it's not necessary to list his unemployment. What's more, they might not consider his unemployment since it is only paid for a limited period of time.
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12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#3 SwedeInCali

SwedeInCali

    Junior Member

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Posted 26 April 2011 - 12:31 AM

[quote name='JimVaPhuong' timestamp='1302316701' post='4597263']
Not a problem. The I-193 notation means you were admitted at the discretion of the CBP officer, in spite of not having a current visa. It would only be a problem if you were admitted or paroled under a category that doesn't allow adjustment of status.


Thank You, now feel a lot calmer! Would this be something I should explain in the cover letter, since they will see that my last entry was after my visa expired?
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#4 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 26 April 2011 - 12:47 AM

Thank You, now feel a lot calmer! Would this be something I should explain in the cover letter, since they will see that my last entry was after my visa expired?


Nope, it's not relevant. You don't need to explain it. It would only be relevant if you were neither paroled nor admitted into the US (e.g., you walked across the border), or you were admitted or paroled in a category that did not permit adjustment of status.
  • 0

12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!




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